Pacific R.R. v. Cnty. Court of Franklin Cnty.

• Court: Missouri Supreme Court
• Writing for the Court: ADAMS
• Citation: Pacific R.R. v. Cnty. Court of Franklin Cnty., 55 Mo. 162 (Mo. 1874)
• Decision Date: 31 January 1874
• Parties: PACIFIC RAILROAD, Plaintiff in Error, v. THE COUNTY COURT OF FRANKLIN COUNTY, Defendant in Error.

55 Mo. 162

PACIFIC RAILROAD, Plaintiff in Error,

v.THE COUNTY COURT OF FRANKLIN COUNTY, Defendant in Error.

Supreme Court of Missouri.

January Term, 1874.

Error to Franklin Circuit Court.

Baker & Litton, for Plaintiff in Error.

Seay & Kiskaddon, for Defendant in Error.

ADAMS, Judge, delivered the opinion of the court.

This was an application for a mandamus to be issued to the County Court, to allow the plaintiff an appeal from its decision in regard to the proper mode of taxing the plaintiff.

When the petition for the mandamus was filed, the plaintiff at the same time filed a motion for a change of venue, which was overruled, and to this ruling the plaintiff excepted. The plaintiff then refused to prosecute the case any further, and the court entered a judgment of dismissal for want of prosecution. The plaintiff filed a motion to set aside the judgment of dismissal, which the court overruled and plaintiff excepted.

Where a plaintiff refuses to prosecute his suit, and judgment of dismissal for want of prosecution is rendered, it amounts to a voluntary dismissal on...